Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the petitioners and learned AGA for the State through video conferencing.
The petitioners seeks issuance of a writ, order or direction in the nature of certiorari quashing the impugned FIR registered as FIR No. 47 of 2021 under Sections 147, 148, 323, 304 & 427 I.P.C., Police Station Gaura Chauraha District Balrampur.
From a perusal of the impugned FIR, prima facie, cognizable offence is made out against the petitioners, therefore, the relief claimed for cannot be granted under Article 226 of the Constitution of India in view of the law laid down by the apex court in the case of State of Haryana and others v. Bhajan Lal and others AIR 1992 SC 604, State of Bihar and another v. Md. Khalique and another (2002) 1 SCC 652 and Girish Kumar Suneja v. Central Bureau of Investigation (2017) 14 SCC 809.
Thus, the writ petition lacks merit and is hereby dismissed without prejudice to the remedy of anticipatory bail under Section 438 Cr.P.C. available to the petitioner.
Order Date :- 25.5.2021 J.K. Dinkar